Connecticut 2022 2022 Regular Session

Connecticut House Bill HB05502 Comm Sub / Bill

Filed 04/25/2022

                     
 
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General Assembly  Substitute Bill No. 5502  
February Session, 2022 
 
 
 
 
 
AN ACT CONCERNING THE OPERATIONS OF THE STATE 
TREASURER AND THE BONDING AUTHORITY OF THE 
CONNECTICUT MUNICIPAL REDEVELOPMENT AUTHORITY.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 8-169oo of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective from passage): 2 
(a) The board of directors of the Connecticut Municipal 3 
Redevelopment Authority is authorized from time to time to issue its 4 
bonds, notes and other obligations in such principal amounts as in the 5 
opinion of the board shall be necessary to provide sufficient funds for 6 
carrying out the purposes set forth in section 8-169jj, as amended by this 7 
act, including the payment, funding or refunding of the principal of, or 8 
interest or redemption premiums on, any bonds, notes and other 9 
obligations issued by it, whether the bonds, notes or other obligations 10 
or interest to be funded or refunded have or have not become due, the 11 
establishment of reserves to secure such bonds, notes and other 12 
obligations, loans made by the authority and all other expenditures of 13 
the authority incident to and necessary or convenient to carry out the 14 
purposes set forth in section 8-169jj, as amended by this act. 15 
(b) Every issue of bonds, notes or other obligations shall be a general 16 
obligation of the authority payable out of any moneys or revenues of the 17  Substitute Bill No. 5502 
 
 
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authority and subject only to any agreements with the holders of 18 
particular bonds, notes or other obligations pledging any particular 19 
moneys or revenues. Any such bonds, notes or other obligations may be 20 
additionally secured by any grant or contributions from any 21 
department, agency or instrumentality of the United States or person or 22 
a pledge of any moneys, income or revenues of the authority from any 23 
source whatsoever. 24 
(c) Notwithstanding any other provision of any law, any bonds, notes 25 
or other obligations issued by the authority pursuant to this section shall 26 
be fully negotiable within the meaning and for all purposes of title 42a. 27 
Any such bonds, notes or other obligations shall be legal investments 28 
for all trust companies, banks, investment companies, savings banks, 29 
building and loan associations, executors, administrators, guardians, 30 
conservators, trustees and other fiduciaries and pension, profit-sharing 31 
and retirement funds. 32 
(d) Bonds, notes or other obligations of the authority shall be 33 
authorized by resolution of the board of directors of the authority and 34 
may be issued in one or more series and shall bear such date or dates, 35 
mature at such time or times, in the case of any such note, or any renewal 36 
thereof, not exceeding the term of years as the board shall determine 37 
from the date of the original issue of such notes, and, in the case of 38 
bonds, not exceeding thirty years from the date thereof, bear interest at 39 
such rate or rates, be in such denomination or denominations, be in such 40 
form, either coupon or registered, carry such conversion or registration 41 
privileges, have such rank or priority, be executed in such manner, be 42 
payable from such sources in such medium of payment at such place or 43 
places within or without this state, and be subject to such terms of 44 
redemption, with or without premium, as such resolution or resolutions 45 
may provide. 46 
(e) Bonds, notes or other obligations of the authority may be sold at 47 
public or private sale at such price or prices as the board shall determine. 48 
(f) Bonds, notes or other obligations of the authority may be refunded 49  Substitute Bill No. 5502 
 
 
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and renewed from time to time as may be determined by resolution of 50 
the board, provided any such refunding or renewal shall be in 51 
conformity with any rights of the holders of such bonds, notes or other 52 
obligations. 53 
(g) [Except as provided in section 8-169qq, bonds] Bonds, notes or 54 
other obligations of the authority issued under the provisions of this 55 
section shall not be deemed to constitute a debt or liability of the state 56 
or of any political subdivision thereof other than the authority, or a 57 
pledge of the faith and credit of the state or of any such political 58 
subdivision other than the authority, and shall not constitute bonds or 59 
notes issued or guaranteed by the state within the meaning of section 3-60 
21, but shall be payable solely from the funds as provided in this section. 61 
All such bonds, notes or other obligations shall contain on the face 62 
thereof a statement to the effect that, unless otherwise provided by law, 63 
neither the state of Connecticut nor any political subdivision thereof 64 
other than the authority shall be obligated to pay the same or the interest 65 
thereof except from revenues or other funds of the authority and that 66 
neither the faith and credit nor the taxing power of the state of 67 
Connecticut or of any political subdivision thereof other than the 68 
authority is pledged to the payment of the principal of, or the interest 69 
on, such bonds, notes or other obligations. 70 
(h) Any resolution or resolutions authorizing the issuance of bonds, 71 
notes or other obligations may contain provisions, except as limited by 72 
existing agreements with the holders of bonds, notes or other 73 
obligations, which shall be a part of the contract with the holders 74 
thereof, as to the following: (1) The pledging of all or any part of the 75 
moneys received by the authority to secure the payment of the principal 76 
of and interest on any bonds, notes or other obligations or of any issue 77 
thereof; (2) the pledging of all or part of the assets of the authority to 78 
secure the payment of the principal of and interest on any bonds, notes 79 
or other obligations or of any issue thereof; (3) the establishment of 80 
reserves or sinking funds, the making of charges and fees to provide for 81 
the same, and the regulation and disposition thereof; (4) limitations on 82  Substitute Bill No. 5502 
 
 
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the purpose to which the proceeds of sale of bonds, notes or other 83 
obligations may be applied and pledging such proceeds to secure the 84 
payment of the bonds, notes or other obligations, or of any issues 85 
thereof; (5) limitations on the issuance of additional bonds, notes or 86 
other obligations, the terms upon which additional bonds, bond 87 
anticipation notes or other obligations may be issued and secured, the 88 
refunding or purchase of outstanding bonds, notes or other obligations 89 
of the authority; (6) the procedure, if any, by which the terms of any 90 
contract with the holders of any bonds, notes or other obligations of the 91 
authority may be amended or abrogated, the amount of bonds, notes or 92 
other obligations the holders of which must consent thereto and the 93 
manner in which such consent may be given; (7) limitations on the 94 
amount of moneys to be expended by the authority for operating, 95 
administrative or other expenses of the authority; (8) the vesting in a 96 
trustee or trustees of such property, rights, powers and duties in trust as 97 
the authority may determine, which may include any or all of the rights, 98 
powers and duties of any trustee appointed by the holders of any bonds, 99 
notes or other obligations and limiting or abrogating the right of the 100 
holders of any bonds, notes or other obligations of the authority to 101 
appoint a trustee or limiting the rights, powers and duties of such 102 
trustee; (9) provision for a trust agreement by and between the authority 103 
and a corporate trustee which may be any trust company or bank having 104 
the powers of a trust company within or without the state, which 105 
agreement may provide for the pledging or assigning of any assets or 106 
income from assets to which or in which the authority has any rights or 107 
interest, and may further provide for such other rights and remedies 108 
exercisable by the trustee as may be proper for the protection of the 109 
holders of any bonds, notes or other obligations of the authority and not 110 
otherwise in violation of law. Such agreement may provide for the 111 
restriction of the rights of any individual holder of bonds, notes or other 112 
obligations of the authority. All expenses incurred in carrying out the 113 
provisions of such trust agreement may be treated as a part of the cost 114 
of operation of the authority. The trust agreement may contain any 115 
further provisions which are reasonable to delineate further the 116 
respective rights, duties, safeguards, responsibilities and liabilities of 117  Substitute Bill No. 5502 
 
 
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the authority, individual and collective holders of bonds, notes and 118 
other obligations of the authority and the trustees; (10) covenants to do 119 
or refrain from doing such acts and things as may be necessary or 120 
convenient or desirable in order to better secure any bonds, notes or 121 
other obligations of the authority, or which, in the discretion of the 122 
authority, will tend to make any bonds, notes or other obligations to be 123 
issued more marketable, notwithstanding that such covenants, acts or 124 
things may not be enumerated herein; and (11) any other matters of like 125 
or different character, which in any way affect the security or protection 126 
of the bonds, notes or other obligations. 127 
(i) Any pledge made by the authority of income, revenues or other 128 
property shall be valid and binding from the time the pledge is made. 129 
The income, revenue, such state taxes as the authority shall be entitled 130 
to receive or other property so pledged and thereafter received by the 131 
authority shall immediately be subject to the lien of such pledge without 132 
any physical delivery thereof or further act, and the lien of any such 133 
pledge shall be valid and binding as against all parties having claims of 134 
any kind in tort, contract or otherwise against the authority, irrespective 135 
of whether such parties have notice thereof. 136 
(j) The board of directors of the authority is authorized and 137 
empowered to obtain from any department, agency or instrumentality 138 
of the United States any insurance or guarantee as to, or of or for the 139 
payment or repayment of, interest or principal or both, or any part 140 
thereof, on any bonds, notes or other obligations issued by the authority 141 
pursuant to the provisions of this section and, notwithstanding any 142 
other provisions of sections 8-169ii to 8-169ss, inclusive, to enter into any 143 
agreement, contract or any other instrument whatsoever with respect to 144 
any such insurance or guarantee except to the extent that such action 145 
would in any way impair or interfere with the authority's ability to 146 
perform and fulfill the terms of any agreement made with the holders 147 
of the bonds, bond anticipation notes or other obligations of the 148 
authority. 149 
[(k) Neither the members of the board of directors of the authority 150  Substitute Bill No. 5502 
 
 
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nor any person executing bonds, notes or other obligations of the 151 
authority issued pursuant to this section shall be liable personally on 152 
such bonds, notes or other obligations or be subject to any personal 153 
liability or accountability by reason of the issuance thereof, nor shall any 154 
director, officer or employee of the authority be personally liable for 155 
damage or injury caused in the performance of such director, officer or 156 
employee's duties and within the scope of employment or appointment 157 
as such director, officer or employee, provided the conduct of such 158 
director, officer or employee was found not to have been wanton, 159 
reckless, wilful or malicious. The authority shall protect, save harmless 160 
and indemnify its directors, officers or employees from financial loss 161 
and expense, including legal fees and costs, if any, arising out of any 162 
claim, demand, suit or judgment by reason of alleged negligence or 163 
alleged deprivation of any person's civil rights or any other act or 164 
omission resulting in damage or injury, if the director, officer or 165 
employee is found to have been acting in the discharge of his or her 166 
duties or within the scope of his or her employment and such act or 167 
omission is found not to have been wanton, reckless, wilful or 168 
malicious.] 169 
[(l)] (k) The board of directors of the authority [shall have power to] 170 
may purchase bonds, notes or other obligations of the authority out of 171 
any funds available for such purpose. The authority may hold, cancel or 172 
resell such bonds, notes or other obligations subject to and in accordance 173 
with agreements with holders of its bonds, notes and other obligations. 174 
[(m)] (l) All moneys received pursuant to the authority of this section, 175 
whether as proceeds from the sale of bonds or as revenues, shall be 176 
deemed to be trust funds to be held and applied solely as provided in 177 
this section. Any officer with whom, or any bank or trust company with 178 
which, such moneys shall be deposited shall act as trustee of such 179 
moneys and shall hold and apply the same for the purposes of section 180 
8-169jj, as amended by this act, and the resolution authorizing the bonds 181 
of any issue or the trust agreement securing such bonds may provide. 182 
[(n)] (m) Any holder of bonds, notes or other obligations issued under 183  Substitute Bill No. 5502 
 
 
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the provisions of this section, and the trustee or trustees under any trust 184 
agreement, except to the extent the rights herein given may be restricted 185 
by any resolution authorizing the issuance of or any such trust 186 
agreement securing such bonds, may, either at law or in equity, by suit, 187 
action, mandamus or other proceeding, protect and enforce any and all 188 
rights under the laws of the state or granted under this section or under 189 
such resolution or trust agreement and may enforce and compel the 190 
performance of all duties required by this section or by such resolution 191 
or trust agreement to be performed by the authority or by any officer, 192 
employee or agent of the authority, including the fixing, charging and 193 
collecting of the rates, rents, fees and charges herein authorized and 194 
required by the provisions of such resolution or trust agreement to be 195 
fixed, established and collected. 196 
[(o)] (n) The authority may make representations and agreements for 197 
the benefit of the holders of any bonds, notes or other obligations of the 198 
state which are necessary or appropriate to ensure the exclusion from 199 
gross income for federal income tax purposes of interest on bonds, notes 200 
or other obligations of the state from taxation under the Internal 201 
Revenue Code of 1986, or any subsequent corresponding internal 202 
revenue code of the United States, as amended from time to time, 203 
including agreement to pay rebates to the federal government of 204 
investment earnings derived from the investment of the proceeds of the 205 
bonds, notes or other obligations of the authority. Any such agreement 206 
may include: (1) A covenant to pay rebates to the federal government of 207 
investment earnings derived from the investment of the proceeds of the 208 
bonds, notes or other obligations of the authority; (2) a covenant that the 209 
authority will not limit or alter its rebate obligations until its obligations 210 
to the holders or owners of such bonds, notes or other obligations are 211 
finally met and discharged; and (3) provisions to (A) establish trust and 212 
other accounts which may be appropriate to carry out such 213 
representations and agreements, (B) retain fiscal agents as depositories 214 
for such funds and accounts, and (C) provide that such fiscal agents may 215 
act as trustee of such funds and accounts. 216  Substitute Bill No. 5502 
 
 
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Sec. 2. Section 8-169qq of the general statutes is repealed and the 217 
following is substituted in lieu thereof (Effective from passage): 218 
(a) For the purposes of this section, "required minimum capital 219 
reserve" means the maximum amount permitted to be deposited in a 220 
special capital reserve fund by the Internal Revenue Code of 1986, or 221 
any subsequent corresponding internal revenue code of the United 222 
States, as amended from time to time, to permit the interest on the bonds 223 
of the Connecticut Municipal Redevelopment Authority secured by 224 
such special capital reserve fund to be excluded from gross income for 225 
federal tax purposes. 226 
(b) The authority may, in connection with the issuance of bonds, the 227 
refunding of bonds previously issued by the authority or the issuance 228 
of bonds to effect a refinancing or other restructuring with respect to one 229 
or more projects, establish one or more special capital reserve funds. The 230 
authority may pay into such special capital reserve funds (1) any 231 
moneys appropriated and made available by the state for the purposes 232 
of such special capital reserve funds, (2) any proceeds of the sale of 233 
bonds or notes of the authority, to the extent provided in the resolution 234 
of said authority authorizing the issuance of such bonds or notes, and 235 
(3) any moneys made available to the authority from any other source 236 
for the purposes of such special capital reserve funds. The amount of 237 
bonds of the authority secured by special capital reserve funds shall not 238 
exceed fifty million dollars in the aggregate. 239 
(c) (1) Except as otherwise provided in this section, the moneys held 240 
in or credited to any special capital reserve fund established under this 241 
section shall be used for: 242 
(A) The payment of the principal and interest as such payments 243 
become due, whether due at maturity or by mandatory sinking fund 244 
installments, on bonds of the authority secured by such special capital 245 
reserve fund; or 246 
(B) The purchase of such bonds and the payment of any redemption 247  Substitute Bill No. 5502 
 
 
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premium required to be paid when such bonds are redeemed prior to 248 
maturity, including reimbursement of a provider of bond insurance or 249 
of a credit or liquidity facility that has paid such redemption premium. 250 
(2) The authority may prohibit, except for the purpose of paying the 251 
principal of and interest and redemption premium on bonds of the 252 
authority secured by a special capital reserve fund for which other 253 
moneys of the authority are not available, the withdrawal of moneys in 254 
any special capital reserve fund in an amount that would result in the 255 
balance of such special capital reserve fund being less than (A) the 256 
maximum amount of principal and interest becoming due by reason of 257 
maturity or a required sinking fund installment on the bonds of the 258 
authority outstanding in the then current or any succeeding calendar 259 
year, or (B) the required minimum capital reserve. 260 
(3) The authority may provide at any time that it shall not issue bonds 261 
secured by a special capital reserve fund if the required minimum 262 
capital reserve on the bonds outstanding and the bonds to be issued and 263 
secured by the same special capital reserve fund at the time of issuance 264 
exceeds the moneys in the special capital reserve fund, unless the 265 
authority deposits proceeds from the bonds to be issued or moneys from 266 
other sources into such special capital reserve fund, in an amount that, 267 
together with the amount then in such special capital reserve fund, will 268 
be not less than the required minimum capital reserve. 269 
(d) (1) (A) Prior to December first, annually, the authority shall 270 
deposit, for any special capital reserve fund for which the balance is 271 
below the required minimum capital reserve, the full amount required 272 
to meet the required minimum capital reserve for such special capital 273 
reserve fund. Such deposit shall be made from any resources available 274 
to the authority not otherwise pledged or dedicated to another purpose.  275 
(B) On or prior to December first, annually, but after the authority has 276 
made any deposits required under subparagraph (A) of this 277 
subdivision, there shall be deemed appropriated from the General Fund 278 
any sums necessary to restore the balance of each such special capital 279  Substitute Bill No. 5502 
 
 
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reserve fund to the required minimum capital reserve amount. The 280 
amount of any such sum shall be allotted and paid to the authority upon 281 
the certification of such sum by the chairperson or vice-chairperson of 282 
the authority to the Secretary of the Office of Policy and Management, 283 
the Treasurer and the joint standing committees of the General 284 
Assembly having cognizance of matters relating to planning and 285 
development and finance, revenue and bonding. For the purposes of 286 
this subdivision, obligations acquired as an investment for any special 287 
capital reserve fund shall be valued at amortized cost. 288 
(2) Subject to any agreement or agreements with holders of 289 
outstanding bonds or notes of the authority, any amount allotted and 290 
paid to the authority pursuant to subdivision (1) of this subsection shall 291 
be repaid to the state from moneys of the authority, at such time as such 292 
moneys are not required for any other corporate purposes of the 293 
authority. Such repayment shall occur not later than one year after the 294 
date the following liabilities are met and fully discharged by the 295 
authority: (A) All bonds and notes of the authority that were issued 296 
before, on or after the date such allotted amount was paid to the 297 
authority; (B) all interest on such bonds and notes and on any unpaid 298 
installments of interest; and (C) all costs and expenses incurred in 299 
connection with any action or proceeding by or on behalf of the holders 300 
of such bonds or notes. 301 
(e) (1) The authority shall not issue bonds secured by a special capital 302 
reserve fund until and unless: 303 
(A) The authority has determined, and has provided such 304 
determination to the Secretary of the Office of Policy and Management 305 
or the secretary's deputy and to the Treasurer or the Deputy Treasurer, 306 
that the revenues from the project shall be sufficient to (i) pay the 307 
principal of and interest on the bonds issued to finance the project, (ii) 308 
establish, increase and maintain any reserves deemed advisable by the 309 
authority to secure the payment of the principal of and interest on such 310 
bonds, (iii) pay the cost of maintaining the project in good repair and 311 
properly insured, and (iv) pay such other costs of the project as may be 312  Substitute Bill No. 5502 
 
 
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required; 313 
(B) The issuance has been approved by the Secretary of the Office of 314 
Policy and Management or the secretary's deputy; and 315 
(C) The authority has provided the documentation required under 316 
subsection (a) of section 1-124 to the Treasurer or the Deputy Treasurer 317 
and the issuance has been approved by the Treasurer or the Deputy 318 
Treasurer pursuant to said subsection. 319 
(2) The approval by the Secretary of the Office of Policy and 320 
Management or the secretary's deputy may provide for the waiver or 321 
modification of the requirements of this section as the secretary deems 322 
necessary or appropriate to effectuate such issuance, subject to any 323 
applicable tax covenants of the authority and the state. 324 
(f) Nothing in this section shall preclude the authority from 325 
establishing other debt service reserve funds that are not special capital 326 
reserve funds in connection with the issuance of bonds or notes of the 327 
authority.  328 
(g) (1) The provisions of this subsection shall not apply to any 329 
financial loss and expenses arising out of any claim, demand, suit, 330 
judgment or legal challenge described in this subsection filed on or after 331 
the effective date of this section. 332 
[(a)] (2) The state shall protect, save harmless and indemnify the 333 
directors, officers and employees of the Connecticut Municipal 334 
Redevelopment Authority from financial loss and expenses, including 335 
legal fees and costs, if any, arising out of any claim, demand, suit or 336 
judgment based upon any alleged act or omission of any such director, 337 
officer or employee in connection with, or any other legal challenge to, 338 
authority development projects within a Connecticut Municipal 339 
Redevelopment Authority development district, provided any such 340 
director, officer or employee is found to have been acting in the 341 
discharge of such director, officer or employee's duties or within the 342 
scope of such director, officer or employee's employment and any such 343  Substitute Bill No. 5502 
 
 
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act or omission is found not to have been wanton, reckless, wilful or 344 
malicious. 345 
[(b) In the event any bond, note or other obligation of the authority 346 
cannot be paid by the authority, the state shall assume the liability of 347 
and make payment on such debt.]  348 
Sec. 3. (NEW) (Effective from passage) (a) As used in this section, (1) 349 
"person" means any (A) state officer, (B) state agency, department, board 350 
or commission, or (C) state employee, or any agent thereof. "Person" 351 
includes The University of Connecticut Health Care Finance 352 
Corporation, and (2) "financial obligation" has the same meaning as 353 
provided in 17 CFR 240.15c2-12, as amended from time to time. 354 
(b) (1) Before any person incurs any financial obligation of the state 355 
or enters into any agreement to covenants, events of default, remedies, 356 
priority rights or other similar terms in connection with a financial 357 
obligation of the state, where such financial obligation (A) is in excess of 358 
one million dollars, or (B) encumbers property or rights of the state 359 
material to the operations of the state, such person shall notify the 360 
Treasurer of such proposed financial obligation or agreement and 361 
submit any documents pursuant to which such financial obligation is to 362 
be incurred or such agreement is to be entered into. No such person shall 363 
incur any such financial obligation or enter into any such agreement 364 
until such person has received a written acknowledgment pursuant to 365 
subdivision (2) of this subsection. 366 
(2) Upon receipt of such notification and documents, the Treasurer 367 
shall determine whether the information provided is adequate for the 368 
Treasurer to timely meet required disclosure obligations under federal 369 
securities law. The Treasurer may request additional information the 370 
Treasurer deems necessary to make such determination. Upon the 371 
Treasurer's satisfaction that adequate information has been provided for 372 
the Treasurer to timely meet required disclosure obligations under 373 
federal securities law, the Treasurer or the Treasurer's designee shall 374 
provide written acknowledgment to the person seeking to incur such 375  Substitute Bill No. 5502 
 
 
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financial obligation or enter into such agreement. The Treasurer may 376 
establish, and revise from time to time, exemptions from such 377 
notification and submission requirements as the Treasurer determines 378 
are consistent with the state's disclosure obligations under federal 379 
securities law. 380 
Sec. 4. Subsection (x) of section 3-20 of the general statutes is repealed 381 
and the following is substituted in lieu thereof (Effective July 1, 2022): 382 
(x) Notwithstanding any provision of the general statutes, public acts 383 
or special acts, [upon] any sale, lease or other disposition to or use by a 384 
nongovernmental entity of all or a portion of any project financed with 385 
proceeds of bonds of the state the interest on which is not included in 386 
gross income pursuant to Section 103 of the Internal Revenue Code of 387 
1986, or any subsequent corresponding internal revenue code of the 388 
United States, as amended from time to time, [amended,] that would 389 
otherwise cause such bonds to be treated as private activity bonds 390 
within the meaning of Section 141 of said internal revenue code [, the] 391 
shall be subject to the prior approval of the Treasurer. The Treasurer is 392 
authorized to transfer all or a portion of the proceeds received with 393 
respect to and at the time of such disposition or use, in an amount not 394 
less than the amount required by said internal revenue code to preserve 395 
the exclusion from gross income of interest on such bonds, (1) to the 396 
General Fund to pay debt service on, including redemption, defeasance 397 
or purchase of, outstanding bonds of the state the interest on which is 398 
not included in gross income pursuant to Section 103 of said internal 399 
revenue code, (2) with the approval of the State Bond Commission, in 400 
lieu of the issuance of bonds, to the appropriate account or fund for any 401 
projects or purposes authorized by the State Bond Commission 402 
pursuant to a bond act and with the same force and effect as bond 403 
proceeds, thereby reducing the authority to issue bonds by such dollar 404 
amount, provided in any event that any such transfer does not cause the 405 
interest on the subject bonds to become included in gross income 406 
pursuant to Section 103 of said internal revenue code. 407 
Sec. 5. Subsection (a) of section 3-37 of the general statutes is repealed 408  Substitute Bill No. 5502 
 
 
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and the following is substituted in lieu thereof (Effective July 1, 2022): 409 
(a) The Treasurer shall, annually, on or before December thirty-first, 410 
submit a final audited report to the Governor and a copy of such report 411 
to the Investment Advisory Council, which shall include the following 412 
information concerning the activities of the office of the State Treasurer 413 
for the immediately preceding fiscal year ending June thirtieth: (1) 414 
Complete financial statements and accompanying footnotes for the 415 
combined investment funds prepared in accordance with generally 416 
accepted accounting principles, which financial statements shall be 417 
audited in accordance with generally accepted auditing standards and 418 
supplementary schedules depicting the interests of the component 419 
retirement plans and trust funds; (2) complete financial statements and 420 
accompanying footnotes for the Short Term Investment Fund prepared 421 
in accordance with generally accepted accounting principles and 422 
supplementary schedules listing all assets held by the Short Term 423 
Investment Fund; (3) a discussion and review of the performance of the 424 
combined investment funds and Short Term Investment Fund for such 425 
fiscal year in accordance with recognized and appropriate performance 426 
presentation and disclosure, including an analysis of the return earned 427 
by the portfolio and each combined investment fund as well as the risk 428 
profile of the portfolio and each combined investment fund according 429 
to investment industry standards; (4) the activities and transactions in 430 
such reasonable detail as is appropriate of the cash management 431 
division including information on the state's cash receipts and 432 
disbursements for the fiscal year, and the debt management division; 433 
[including the financial statements of the tax-exempt proceeds fund 434 
prepared in accordance with generally accepted accounting principles;] 435 
(5) financial statements and accompanying footnotes as well as a 436 
summary of operating results for the Second Injury Fund for such fiscal 437 
year; (6) a financial summary and report on the activities of the state's 438 
unclaimed property program for such fiscal year; (7) a listing of the 439 
companies from which state funds were divested based upon such 440 
companies' business in Sudan, pursuant to the provisions of section 3-441 
21e, and any companies identified by the Treasurer as companies from 442  Substitute Bill No. 5502 
 
 
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which investment of state funds has been declared impermissible by the 443 
Treasurer, pursuant to the provisions of section 3-21e; and (8) such other 444 
information as the Treasurer deems of interest to the public. 445 
Sec. 6. Subsection (q) of section 3-62h of the general statutes is 446 
repealed and the following is substituted in lieu thereof (Effective July 1, 447 
2022): 448 
(q) Any moneys held by the Treasurer or by a trustee pursuant to an 449 
indenture of trust with respect to abandoned property fund bonds 450 
including pledged revenues, other pledged receipts, funds or moneys 451 
and proceeds from the sale of such abandoned property fund bonds, 452 
may, pending the use or application of the proceeds thereof for an 453 
authorized purpose, be (1) invested and reinvested in such obligations, 454 
securities and investments as are set forth in subsection (f) of section 3-455 
20 [,] and in participation certificates in the Short Term Investment 456 
Funds created under sections 3-27a and 3-27f, [and in participation 457 
certificates or securities of the Tax-Exempt Proceeds Fund created under 458 
section 3-24a] or (2) deposited or redeposited in such bank or banks as 459 
shall be provided in the proceedings. Unless the proceedings provide 460 
otherwise, proceeds from investments authorized by this subsection, 461 
less amounts required under the proceedings authorizing the issuance 462 
of abandoned property fund bonds for the payment of Specia l 463 
Abandoned Property Fund financing costs relating to such abandoned 464 
property fund bonds, shall be credited to the Special Abandoned 465 
Property Fund. 466 
Sec. 7. Subsection (d) of section 7-406n of the general statutes is 467 
repealed and the following is substituted in lieu thereof (Effective July 1, 468 
2022): 469 
(d) Any moneys held by the Treasurer or by a trustee pursuant to an 470 
indenture of trust with respect to municipal pension solvency account 471 
bonds including pledged revenues, other pledged receipts, funds or 472 
moneys and proceeds from the sale of such municipal pension solvency 473 
account bonds, may, pending the use or application of such proceeds 474  Substitute Bill No. 5502 
 
 
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for an authorized purpose, be (1) invested and reinvested in such 475 
obligations, securities and investments as are set forth in subsection (f) 476 
of section 3-20 [,] and in participation certificates in the Short Term 477 
Investment Funds created under sections 3-27a and 3-27f, [and in 478 
participation certificates or securities of the Tax-Exempt Proceeds Fund 479 
created under section 3-24a,] or (2) deposited or redeposited in such 480 
bank or banks as shall be provided in the proceedings authorizing the 481 
issuance of municipal pension solvency account bonds. Unless the 482 
proceedings provide otherwise, proceeds from investments authorized 483 
by this subsection, less amounts required under the proceedings for the 484 
payment of municipal pension solvency loan costs relating to such 485 
municipal pension solvency account bonds, shall be credited to the 486 
municipal pension solvency account.  487 
Sec. 8. Subdivision (9) of subsection (b) of section 8-169jj of the general 488 
statutes is repealed and the following is substituted in lieu thereof 489 
(Effective July 1, 2022): 490 
(9) Invest any funds not needed for immediate use or disbursement 491 
in obligations issued or guaranteed by the United States or the state, 492 
including the Short Term Investment Fund, [and the Tax-Exempt 493 
Proceeds Fund,] and in other obligations that are legal investments for 494 
savings banks in this state, and in-time deposits or certificates of deposit 495 
or other similar banking arrangements secured in such manner as the 496 
authority determines; 497 
Sec. 9. Subsection (b) of section 8-336o of the general statutes is 498 
repealed and the following is substituted in lieu thereof (Effective July 1, 499 
2022): 500 
(b) Any moneys held in the Housing Trust Fund may, pending the 501 
use or application of the proceeds thereof for an authorized purpose, be 502 
(1) invested and reinvested in such obligations, securities and 503 
investments as are set forth in subsection (f) of section 3-20 [,] and in 504 
participation certificates in the Short Term Investment Fund created 505 
under sections 3-27a and 3-27f, [and in participation certificates or 506  Substitute Bill No. 5502 
 
 
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securities of the Tax-Exempt Proceeds Fund created under section 3-507 
24a,] (2) deposited or redeposited in such bank or banks at the direction 508 
of the Treasurer, or (3) invested in participation units in the combined 509 
investment funds, as defined in section 3-31b. Unless otherwise 510 
provided pursuant to subsection (c) of this section, proceeds from 511 
investments authorized by this subsection shall be credited to the 512 
Housing Trust Fund. 513 
Sec. 10. Subdivision (3) of subsection (a) of section 10-283 of the 2022 514 
supplement to the general statutes is repealed and the following is 515 
substituted in lieu thereof (Effective July 1, 2022): 516 
(3) (A) All final calculations completed by the Department of 517 
Administrative Services for school building projects shall include a 518 
computation of the state grant for the school building project amortized 519 
on a straight line basis over a twenty-year period for school building 520 
projects with costs equal to or greater than two million dollars and over 521 
a ten-year period for school building projects with costs less than two 522 
million dollars. Any town or regional school district which abandons, 523 
sells, leases, demolishes or otherwise redirects the use of such a school 524 
building project to other than a public school use during such 525 
amortization period shall refund to the state the unamortized balance of 526 
the state grant remaining as of the date the abandonment, sale, lease, 527 
demolition or redirection occurs. The amortization period for a project 528 
shall begin on the date the project was accepted as complete by the local 529 
or regional board of education. A town or regional school district 530 
required to make a refund to the state pursuant to this subdivision may 531 
request forgiveness of such refund if the building is redirected for public 532 
use. The Department of Administrative Services shall include as an 533 
addendum to the annual school construction priority list all those towns 534 
requesting forgiveness. General Assembly approval of the priority list 535 
containing such request shall constitute approval of such request. This 536 
subdivision shall not apply to projects to correct safety, health and other 537 
code violations or to remedy certified school indoor air quality 538 
emergencies approved pursuant to subsection (b) of this section or 539  Substitute Bill No. 5502 
 
 
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projects subject to the provisions of section 10-285c. 540 
(B) If the board of governors for an independent institution of higher 541 
education, as defined in subsection (a) of section 10a-173, or the 542 
equivalent of such a board, on behalf of the independent institution of 543 
higher education, that operates an interdistrict magnet school makes 544 
private use of any portion of a school building in which such operator 545 
received a school building project grant pursuant to this chapter, such 546 
operator shall annually submit a report to the Commissioner of 547 
Education that demonstrates that such operator provides an equal to or 548 
greater than in-kind or supplemental benefit of such institution's 549 
facilities to students enrolled in such interdistrict magnet school that 550 
outweighs the private use of such school building. If the commissioner 551 
finds that the private use of such school building exceeds the in-kind or 552 
supplemental benefit to magnet school students, the commissioner may 553 
require such institution to refund to the state the unamortized balance 554 
of the state grant. 555 
[(C) Any moneys refunded to the state pursuant to subparagraphs 556 
(A) and (B) of this subdivision shall be deposited in the state's tax-557 
exempt proceeds fund and used not later than sixty days after 558 
repayment to pay debt service on, including redemption, defeasance or 559 
purchase of, outstanding bonds of the state the interest on which is not 560 
included in gross income pursuant to Section 103 of the Internal 561 
Revenue Code of 1986, or any subsequent corresponding internal 562 
revenue code of the United States, as from time to time amended.]  563 
Sec. 11. Subsection (b) of section 22a-260a of the general statutes is 564 
repealed and the following is substituted in lieu thereof (Effective July 1, 565 
2022): 566 
(b) Wherever the words "Connecticut Resources Recovery Authority" 567 
are used in any public or special act of 2014 or in the following sections 568 
of the general statutes, the words "Materials Innovation and Recycling 569 
Authority" shall be substituted in lieu thereof: 1-79, 1-120, 1-124, 1-125, 570 
[3-24d, 3-24f,] 7-329a, 12-412, 12-459, 16-1, 16-245, 16-245b, 22a-208a, 22a-571  Substitute Bill No. 5502 
 
 
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208v, 22a-209h, 22a-219b, 22a-220, 22a-241, 22a-260, 22a-261, 22a-263a, 572 
22a-263b, 22a-268a, 22a-268b, 22a-270a, 22a-272a, 22a-282, 22a-283, 22a-573 
284, 32-1e and 32-658. 574 
Sec. 12. Subsection (b) of section 32-7o of the general statutes is 575 
repealed and the following is substituted in lieu thereof (Effective July 1, 576 
2022): 577 
(b) Any moneys held in the Connecticut Manufacturing Innovation 578 
Fund may, pending the use or application of the proceeds thereof for an 579 
authorized purpose, be (1) invested and reinvested in such obligations, 580 
securities and investments as are set forth in subsection (f) of section 3-581 
20 [,] and in participation certificates in the Short Term Investment Fund 582 
created under sections 3-27a and 3-27f, [and in participation certificates 583 
or securities of the Tax-Exempt Proceeds Fund created under section 3-584 
24a,] (2) deposited or redeposited in any bank or banks, at the direction 585 
of the Treasurer, or (3) invested in participation units in the combined 586 
investment funds, as defined in section 3-31b. Proceeds from 587 
investments authorized by this subsection shall be credited to the 588 
Connecticut Manufacturing Innovation Fund.  589 
Sec. 13. Subdivision (1) of subsection (a) of section 32-11f of the 590 
general statutes is repealed and the following is substituted in lieu 591 
thereof (Effective July 1, 2022): 592 
(a) (1) Wherever the term "Connecticut Development Authority" is 593 
used in the following sections of the general statutes, the term 594 
"Connecticut Innovations, Incorporated" shall be substituted in lieu 595 
thereof: [3-24d, 3-24f,] 3-99d, 8-134, 8-134a, 8-192, 8-192a, 8-240m, 13b-596 
79w, 16-243v, 22a-134, 22a-173, 22a-259, 22a-264, 25-33a, 32-1l, 32-3, 32-597 
4l, 32-6j, 32-9c, 32-9n, 32-9qq, 32-22b, 32-23l, 32-23o, 32-23q, 32-23r, 32-598 
23s, 32-23t, 32-23v, 32-23x, 32-23z, 32-23aa, 32-23qq, 32-23ss, 32-23tt, 32-599 
31a, 32-61, 32-68a, 32-141, 32-222, 32-223, 32-227, 32-244, 32-244a, 32-262, 600 
32-263, 32-265, 32-266, 32-285, 32-341, 32-477, 32-500, 32-503, 32-609, 32-601 
761, 32-763 and 32-768. 602  Substitute Bill No. 5502 
 
 
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Sec. 14. Subsection (b) of section 32-602 of the general statutes is 603 
repealed and the following is substituted in lieu thereof (Effective July 1, 604 
2022): 605 
(b) For these purposes, the authority shall have the following powers: 606 
(1) To have perpetual succession as a body corporate and to adopt 607 
procedures for the regulation of its affairs and the conduct of its business 608 
as provided in subsection (f) of section 32-601, to adopt a corporate seal 609 
and alter the same at its pleasure, and to maintain an office at such place 610 
or places within the city of Hartford as it may designate; (2) to sue and 611 
be sued, to contract and be contracted with; (3) to employ such 612 
assistants, agents and other employees as may be necessary or desirable 613 
to carry out its purposes, which employees shall be exempt from the 614 
classified service and shall not be employees, as defined in subsection 615 
(b) of section 5-270, to fix their compensation, to establish and modify 616 
personnel procedures as may be necessary from time to time and to 617 
negotiate and enter into collective bargaining agreements with labor 618 
unions; (4) to acquire, lease, hold and dispose of personal property for 619 
the purposes set forth in this section; (5) to procure insurance against 620 
any liability or loss in connection with its property and other assets, in 621 
such amounts and from such insurers as it deems desirable and to 622 
procure insurance for employees; (6) to invest any funds not needed for 623 
immediate use or disbursement in obligations issued or guaranteed by 624 
the United States of America or the state of Connecticut, including the 625 
Short Term Investment Fund, [and the Tax-Exempt Proceeds Fund,] and 626 
in other obligations which are legal investments for savings banks in 627 
this state and in time deposits or certificates of deposit or other similar 628 
banking arrangements secured in such manner as the authority 629 
determines; (7) notwithstanding any other provision of the general 630 
statutes, upon request of the Secretary of the Office of Policy and 631 
Management, to enter into an agreement for funding to facilitate the 632 
relocation of state offices within the capital city economic development 633 
district; (8) to enter into such memoranda of understanding as the 634 
authority deems appropriate to carry out its responsibilities under this 635 
chapter; and (9) to do all acts and things necessary or convenient to carry 636  Substitute Bill No. 5502 
 
 
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out the purposes of and the powers expressly granted by this section. 637 
Sec. 15. Sections 3-24a to 3-24h, inclusive, of the general statutes are 638 
repealed. (Effective July 1, 2022) 639 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 from passage 8-169oo 
Sec. 2 from passage 8-169qq 
Sec. 3 from passage New section 
Sec. 4 July 1, 2022 3-20(x) 
Sec. 5 July 1, 2022 3-37(a) 
Sec. 6 July 1, 2022 3-62h(q) 
Sec. 7 July 1, 2022 7-406n(d) 
Sec. 8 July 1, 2022 8-169jj(b)(9) 
Sec. 9 July 1, 2022 8-336o(b) 
Sec. 10 July 1, 2022 10-283(a)(3) 
Sec. 11 July 1, 2022 22a-260a(b) 
Sec. 12 July 1, 2022 32-7o(b) 
Sec. 13 July 1, 2022 32-11f(a)(1) 
Sec. 14 July 1, 2022 32-602(b) 
Sec. 15 July 1, 2022 Repealer section 
 
FIN Joint Favorable Subst.